MINUTES OF A meeting of the Regional Council
Date: Wednesday 27 October 2010
Time: 10.00am
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Venue: |
Council Chamber Hawke's Bay Regional Council 159 Dalton Street NAPIER |
T Gilbertson
N Kirton
E McGregor
L Remmerswaal
K Rose
C Scott
E von Dadelszen
F Wilson
In Attendance: A Newman – Chief Executive
P Drury – Group Manager Corporate Services
L Lambert – Group Manager External Relations
C Gilbertson – Governance and Public Transport Manager
The Chief Executive, Mr Andrew Newman, opened the meeting and welcomed everyone to the Inaugural meeting of the Regional Council. He congratulated Members on their re-election to Council and gave an outline of the format for the meeting.
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The Making and Attesting of the Declarations required by Members |
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Mr Newman called upon each member to make and attest their declaration as required under Schedule 7, Part 1, clause 21 of the Local Government Act 2002. Mr Newman then congratulated Councillors on their re-appointments to the Regional Council. |
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1. That all elected members make their oral declarations and attest their written declarations. CARRIED |
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Adoption of Standing Orders |
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Mr Newman noted that the Local Government Act 2002 (Schedule 7, Part 1, Sec 27) required that “A local authority must adopt a set of standing orders for the conduct of its meeting and those of its committees”. In the past the Council has made amendments to the Model Standing Orders and Mrs Gilbertson outlined these and the reasons for them. |
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That the Hawke's Bay Regional Council adopt the New Zealand Standard Model Standing Orders NZS 9202:2003 for meetings of Local Authorities and Community Boards, with the following amendments: 1. Deleting Standing Order – Minutes of Proceedings – 3.17.3 and replacing it with: “Discussion on matters arising from the Minutes of the previous minutes are to be allowed under the separate agenda item: “Matters Arising from the Minutes of the Meeting held on (insert date)”. 2. Inserting Standing Order – In Part 2 Constitutional & Legislative Matters – 2.19: “2.19. Use of Common Seal a. The Chief Executive shall hold the Common Seal of the Council and be responsible for the use of the same. b. The Common Seal is to be used for all land and property transactions; contracts that exceed the Chief Executive’s delegation; all agreements executed by Council that have a term of more than five (5) years; and for validating warrants. c. The Common Seal is to be affixed with the consent of the Chairperson or Deputy Chairperson and all such actions reported to the Council. d. Every document affixed with the Common Seal of the Council shall be carried out by the Chief Executive or a Group Manager, and the affixing of the Common Seal shall be witnessed by the Chief Executive or a Group Manager, and by the Chairperson or Deputy Chairperson, other than when the document is a warrant issued under Section 174(1) of the Local Government Act 2002, or Section 38(5) of the Resource Management Act 1991, in which case the Common Seal of the Council shall be witnessed by only the Chief Executive.”
3. Deleting Standing Order - Part 1 - Constitutional & Legislative Matters – 3.4.3 and replacing it as follows: “The quorum at any meeting of a local authority shall consist of half the members (including vacancies) if the number of members is even, and a majority if the number is odd other than for the Executive Committee of Council where the quorum shall consist of a majority of members of the Committee.” 4. Delete Standing Orders 2.5.1(2) and 3.14.2 and replace with: “The Chairperson at any meeting has a deliberative vote and, in the case of equality of votes, also has a casting vote.” 5. Amend 2.12.4 with the following (shown in bold): “In the case of each meeting to which Standing Order 2.12.1 applies, an agenda detailing the business to be brought before that meeting together with relevant attachments must be received by every member not less than two clear working days before the day appointed for the meeting unless the Council or a Committee resolves to accept receipt of attachments later than two clear working days before the day appointed for the meeting.” 6. Amend 2.16 to add 2.16.6 to read: “2.16.6 The Maori Committee Chairman may remain for items discussed during the public excluded part of all Council meetings.” 7. Amend Standing Order 3.3.4 - Members to speak in places and address the chair, to read: “Members granted the right to speak at meetings are to address the chairperson, and may not leave their place without the leave of the chairperson. Members may remain seated when speaking at ordinary and extraordinary meetings of the local authority and at committee meetings.” 8. Amend Standing Order 3.19 - Deputations and Public Presentations to include: Deputations and Public Presentations 3.19.1.a The chairperson may refuse any request for a public presentation or deputation on any item that appears on the agenda for the day on which the presentation or deputation is requested. 9. Amend Standing Order 3.20 – Petitions to include: Petitions where heard 3.20.1.a Petitions made to the local authority or any of its committees must be lodged with the chief executive at least 2 working days before the date of the meeting concerned, and be approved by the chairperson. The chairperson may refuse petitions which are repetitious or offensive. Procedures for Petitions 3.20.1.b Except with the approval of the local authority or committee, not more than 2 members of a deputation may address the meeting. After a presentation is received, members may put to the deputation any question pertinent to the subject heard, but no member may express an opinion upon, or discuss the subject, until the deputation has completed making its submissions and answering questions (see Standing Order 3.15.2 regarding qualified privilege).
Petition where presented by petitioner 3.20.5 Where a petition is presented by a petitioner, unless the local authority determines otherwise, a limit of 10 minutes is placed on that person (see Standing Orders 3.15.1 and 3.15.2 regarding qualified privilege). If the chairperson has reason to believe that the petitioner is disrespectful or offensive, or has made statements with malice, the chairperson shall terminate the presentation of the petition. CARRIED |
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Election of Chairperson |
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Mr Newman advised that the election of the Chairperson was included in the list of matters to be considered at the first meeting of a local authority following the triennial election of members. The Local Government Act 2002 provides direction for the election of a Chairperson. This must be done in accordance with the voting requirements contained in Schedule 7, Part 1, sections 24 and 25. Council then resolved to adopt voting System A for the election of the Chairperson. |
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That Council : 1. Resolve to adopt voting system A for the election of the Chairperson of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002. 2. Confirm that in the case of determination by lot the method used shall be for the Electoral Officer of Council (Carol Gilbertson) to draw the name of the person to be excluded from the next round of voting from a suitable container with the Group Manager Corporate Services acting as scrutineer during this process. CARRIED |
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Mr Newman then called for nominations for the position of Chairperson. Councillor von Dadelszen nominated Councillor Fenton Wilson, which was seconded by Councillor Gilbertson. Councillor
Kirton nominated Councillor Dick, which was seconded by Councillor Mr Newman then closed nominations and called up nominators and nominees to each speak about their nominations. Mr Newman called for the first round of voting which was undertaken by show of hands. Councillor Wilson received 5 votes and Councillor Dick 4 votes. Mr Newman declared and congratulated Councillor Wilson as the new Chairman of the Regional Council. Division: Votes for Councillor Wilson: Scott, Rose, von Dadelszen, Gilbertson, Wilson Votes for Councillor Dick: Kirton, Remmerswaal, McGregor, Dick |
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The Making and Attesting of the Declarations Required by the Chairperson |
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Mr Newman then called upon Chairman Wilson to make and attest the declaration as required by Schedule 7, Part 1, clause 21 of the Local Government Act 2002. |
Mr Newman then called a short adjournment while he vacated the Chair and Chairman Wilson assumed the Chair. The meeting reconvened at 10.45am.
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Election of Deputy Chairperson |
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Chairman Wilson advised that the election of the Deputy Chairperson was included in the list of matters to be considered at the first meeting of a local authority following the triennial election of members. Council then resolved to adopt voting system A for the election of the Deputy Chairperson. |
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That Council : 1. Resolve to adopt voting system A for the election of the Deputy Chairperson of Council as detailed in Schedule 7 Part 1 Section 25(3) of the Local Government Act 2002. 2. Confirm that in the case of determination by lot the method used shall be for the Electoral Officer of Council (Carol Gilbertson) to draw the name of the person to be excluded from the next round of voting from a suitable container with the Group Manager Corporate Services acting as scrutineer during this process. CARRIED |
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Chairman Wilson then called for nominations for the position of Deputy Chairperson. Councillor Kirton nominated Councillor McGregor, this was seconded by Councillor Gilbertson. Councillor von Dadelszen nominated Councillor Scott, this was seconded by Councillor Rose. Mr Newman then closed nominations and asked each nominee and nominator if they wished to speak on their nomination. Mr Newman called for the first round of voting which was undertaken by show of hands. Councillor McGregor received 5 votes and Councillor Scott 4 votes. Chairman Wilson declared and congratulated Councillor McGregor as the Deputy Chairman of the Regional Council. Division: Votes for Councillor McGregor: Dick, Kirton, Gilbertson, Remmerswaal, McGregor Votes for Councillor Scott: Rose, von Dadelszen, Wilson, Scott |
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The Fixing of the Date and Time of the First Ordinary Meeting of the Council |
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Mr Newman advised that the Council needed to confirm the date and time of the first ordinary meeting following the triennial general elections. |
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1. That the first ordinary meeting of the Hawke's Bay Regional Council be held on Wednesday, 3 November 2010 commencing at 9.00am. CARRIED |
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Schedule of Meetings to 31 December 2010 |
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Chairman Wilson advised that the Council adopts a Schedule of Meetings in November for the next 12 months. However, it was proposed to initially adopt the Schedule to 31 December 2010 and to adopt a Meeting Schedule for 2011 at the November meeting of Council. |
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1. That the Schedule of Meetings below, for November and December 2010, on the assumption that the proposed committee structure be adopted, be confirmed.
CARRIED8/1 |
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Council Prayer |
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Mrs Gilbertson advised that for the past 20 years the Council had followed the custom of commencing each meeting of the Regional Council with a prayer. The reading of the prayer was rotated among Councillors for each meeting. The current Council prayer had been compiled by previous councillors, David Marshall and Judy Mills. There was discussion about whether to allow for the established prayer or any prayer to be read either in English or Maori. |
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Recommendation: 1. That the Hawke's Bay Regional Council commences its meetings with a prayer. Gilbertson/Scott |
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Councillor Remmerswaal moved an amendment to the motion, which was seconded by Councillor Dick to allow for any prayer to be given in English or Maori. The reason for the amendment was to reflect Te Reo and to honour the Maori language as New Zealand’s official second language. The amendment when put was CARRIED 8/1 and became the substantive motion. |
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1. That the Hawke's Bay Regional Council commences its meetings with a prayer in English or Maori. Remmerswaal/Dick CARRIED 8/1 Division: For: Remmerswaal, Dick, Kirton, von Dadelszen, Rose, Gilbertson, Scott, Wilson Against: McGregor CARRIED |
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Local Government New Zealand |
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Mr Newman advised that Council is a member of Local Government New Zealand (LGNZ) which is the national body representing the interests of all Local Authorities in New Zealand. He said it was necessary to formalise Council’s representation on the various bodies of Local Government New Zealand. A comment was made that Councillors would like to see more opportunity to attend these meetings. |
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That Council : 1. Confirm the delegate from the Hawke's Bay Regional Council at Zone 3 meetings of Local Government New Zealand be the Chairperson of the Council or his/her substitute. 2. Authorise the Chairperson to vote at those meetings on behalf of the Hawke's Bay Regional Council. 3. Appoint the Chairperson as the Council’s representative on the Regional Affairs Committee of Local Government New Zealand. 4. Delegate to the Chairperson of the Hawke's Bay Regional Council the authority to respond and input into matters relating to Local Government New Zealand, reporting as necessary to the Council. CARRIED |
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Local Government Official Information and Meetings Act 1987 |
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Mr Newman advised that this Act applies to every local authority in New Zealand and has two main aspects – the availability and the means of making available official and personal information – and the rights of public access to meetings of local authorities. A copy of this Act is held in the Councillors’ Room, for their reference. |
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1. That Council note the information contained in this report. CARRIED |
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Other Laws Affecting Elected Members |
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Mr Newman advised that a list of the legislative framework under which the Council operates is contained in the Council’s Annual Plan. Local Government NZ has also produced the “Elected Members’ Survival Handbook”, which contain information about laws affecting elected members. Mr Newman then gave a brief overview of the following acts: · Local Government Act 2002 · Public Finance Act 1977 · Secret Commissions Act 1910 · Crimes Act 1961 · The Securities Act 1978 · Local Authorities (Member’s Interests) Act 1968 |
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1. That Council note the information contained in this report. CARRIED |
Closure:
There being no further business the Chairman declared the meeting closed at 11.20pm on Wednesday, 27 October 2010.
Signed as a true and correct record.
DATE: ................................................ CHAIRMAN: ...............................................